Events
Jenny Speck to Speak on BARBRI Webinar
Partner Jenny Speck will speak on BARBRI’s live video CLE program, “Tax Credit Insurance for Energy Projects: PFE Exclusions, Recapture, …
November 19, 2026
November 19, 2026 • 1-minute read
Insight
Client Alerts
V&E Environmental Update
February 20, 2024 • 3-minute read
Last week, the Governor of New Mexico signed House Bill 41 (“HB 41”) into law, establishing the Clean Fuel Standard (“CFS”), which, similar to programs in California, Oregon, and Washington, focuses on reducing the carbon intensity of transportation fuels. After four years of hard work, the state now has the task of crafting rules to incentivize low carbon fuel production in the hopes that it can replicate the magic of California’s program. California’s Low Carbon Fuel Standard (“LCFS”) has been a powerful driver to support the development of low carbon fuels such as renewable natural gas (“RNG”). The law requires New Mexico to finalize rules for the implementation of the program by July 1, 2026.
Universal traits of all low carbon/clean fuel standards include establishing annually decreasing carbon intensity (“CI”) targets for certain covered transportation fuels against a set baseline coupled with a credit market. Fuels generated within the state with a CI below the applicable target generate credits, while those with a CI above the applicable target generate a deficit. With respect to the New Mexico CFS, however, HB 41 is incredibly light on details. The scant significant guideposts provided by the text of the law include:
Oregon’s clean fuels statute contains significantly more detail, as does Washington’s law. The New Mexico legislature has delegated near total authority to design the New Mexico CFS to the New Mexico Environmental Improvement Board (NMIB).
HB 41 directs the NMIB to establish an advisory committee to advise on the development of rules related to the CFS and periodically review them. The advisory committee must consist of transportation fuel producers and distributors, utilities, tribal groups, environmental groups, local governments and others. HB 41 is unlikely to have any significant immediate impact on demand for renewable fuels given that we may not ultimately see a market established until 2027. Still, even smaller states with similar programs, such as Oregon, have seen credit prices range into the mid hundreds of dollars, so there remains significant potential for future gains as New Mexico seeks to build out its low carbon fuel infrastructure.
New Mexico’s demand for transportation fuels pales in comparison to California given the disparity in population size and economies. However, the creation of this additional state low carbon fuel market is all the more important given the restrictive approach California appears poised to take with respect to the LCFS and phasing out crediting for RNG. Additionally, the hope is other states may soon follow in New Mexico’s footsteps. For example, Hawaii, Illinois, New Jersey and New York currently have active bills under consideration in their state legislatures, though it remains too early to predict their ultimate fate with any certainty.
1 These CI targets are generally consistent with those found in the California, Oregon, and Washington programs.
2 However, book and claim accounting is not expressly authorized under the law.
This information is provided by Vinson & Elkins LLP for educational and informational purposes only and is not intended, nor should it be construed, as legal advice.
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Events
Jenny Speck to Speak on BARBRI Webinar
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November 19, 2026 • 1-minute read
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Kathy Pakenham and Adriana Wirtz to Speak at TEI’s IRS Roundtable
Partners Kathy Pakenham and Adriana Wirtz will examine how a leaner, more data-driven IRS is selecting and conducting large business …
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November 19, 2026 • 1-minute read
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Jenny Speck to Speak at Lockton U.S. Energy Risk Summit
Partner Jenny Speck will speak at Lockton’s U.S. Energy Risk Summit on November 12, 2026, in Houston, Texas. The summit …
November 12, 2026
November 12, 2026 • 1-minute read
CLE Events
Sixth Annual Navigating the Annual Meeting and Reporting Season
Join leading practitioners and industry voices for a timely discussion of the legal, regulatory, and governance developments shaping the next proxy season.
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November 10, 2026
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November 9, 2026 • 1-minute read
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November 6, 2026 • 1-minute read
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November 5, 2026 • 1-minute read
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July 14, 2026 • V&E+ | Values
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